DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.376/2011
Shri Ranbir Sharma
Ch. 616, Patiala House Courts,
New Delhi ….Complainant
Versus
Manager, UCO Bank
Patiala House Court Complex
New Delhi ….Opposite Party
Date of Institution : 05.10.11 Date of Order : 28.03.19
Coram:
Sh. A.S. Yadav, President
Ms. Kiran Kaushal, Member
ORDER
Member - Kiran Kaushal
Brief facts as stated by the complainant are:-
- The complainant, Sh. Ranbir Sharma is a saving account holder of UCO Bank in the branch of Patiala House Court, New Delhi having account no. 18580100000243 and the complainant has some FDRs in the above said branch. The OP (UCO Bank) bank regularly deducts the TDS from the interest generated /accrued from the said FDRs.
- It is averred that the complainant required the TDS certificate from the bank for the purpose of filing the income tax returns and for claiming refunds. The complainant further states that the bank always failed to provide the said TDS certificates well on time. As per the guidelines issued by RBI as well as income tax department every financial institution is duty bound to provide the TDS certificate to the consumer within reasonable time from the date when the TDS is deducted from the account of the consumer. It is next averred that the complainant had made several requests orally as well as in writing to the OP regarding the violation of the guidelines issued by the RBI but OP always failed to provide the TDS certificates to the complainant well on time. It is next stated that due to the gross negligence the complainant could not submit the income tax returns well on time and had to bear the penalty by the income tax department.
- It is further averred that due to the negligent behavior of OP complainant had to suffer losses and incur expenses unnecessarily.
- Aggrieved by the above said circumstances the complainant approached this forum with the prayer to direct OP to provide the certified copies of TDS certificate without delay. Further it is prayed to direct OP to pay sum of Rs.1,00,000/- as compensation and Rs.20,000/- towards cost of litigation.
- Notice was duly served upon OP but OP did not contest the case of the complainant. Hence, OP was proceeded exparte vide order dated 18.09.2012.
- Exparte evidence and written arguments have been filed on behalf of the complainant.
- Submissions made on behalf of the complainant are heard and record perused carefully.
- Averments made in the complaint and evidence led by the complainant have remained uncontroverted and unchallenged. Hence there is no reason to disbelieve the version of the complainant.
- Following documents have been annexed by the complainant as evidence to support his case (i) Notice issued under Section 245 of the Income Tax Act as Annexure-A. (ii) Copy of the notices issued by the income tax department under Section 143(1)(a) of Income Tax Act for the period of 2008-09, 2009-10, 2010-11 and 2011-12 is annexed as Annexure-B1, B2, B3 and B4 respectively.
- It is the case of the complainant that OP did not provide the TDS certificates well on time, therefore the complainant could not submit the income tax returns on time and had to bear the penalty/ interest by the income tax department. However, complainant has not placed any evidence on record of the penalty/ interest imposed by Income Tax Department or the quantum thereof. Therefore, the Forum cannot record the finding as regards the damages suffered by the complainant. The Forum is further of the opinion that penalty/ interest if not imposed by Income Tax Department can be revoked on furnishing the TDS certificates with explanation for delay.
Nonetheless inconvenience/ harassment can be presumed for the delay in handing of the TDS certificates.
- Further as the averments made by the complainant have remained uncontroverted and unchallenged as OP has chosen not to file its written statement. There is no reason to disbelieve that complainant was not handed over the TDS certificates on time by OP.
- In view of the discussions above, we find OP to be deficient in service. Therefore, OP is directed to provide the certified copies of the TDS certificate immediately, if not provided so far. Further OP is directed to pay Rs.10,000/- in lumpsum for the inconvenience / harassment caused within two months from the receipt of copy of the order. Failing which OP shall become liable to pay interest @ 10% p.a. on the amount of Rs.10,000/- from the date of filing of the complaint till realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 28.03.19
